The English Legal System

Unit aims

Unit level

Unit code

To provide an overview of the English Legal System to prepare learners for more substantive study in areas of English law. 3 J/507/2126

GLH

90

Credit value 15 Unit grading structure Pass/Merit/Distinction Assessment guidance Assignments in accordance with awarding organisation guidance

The learner will: The learner can: Pass

1. Understand key principles of English

Law 1.1 Explain the different methods by which laws are made

2. Understand the rules of statutory interpretation 1.2 Differentiate between criminal and civil law 1.3 Differentiate between public and private law 2.1 Explain the traditional techniques of statutory interpretation and how they are used 2.2 Describe intrinsic and extrinsic aids

Merit

1 M1 Explain the process by which a Bill becomes legislation

2 M1 Explain how intrinsic and extrinsic aids are used by courts as an aid to statutory interpretation

Distinction

2 D1 Analyse how the traditional techniques of statutory interpretation have been used in specific case law

3. Know the organisation and work of the English courts 3.1 Describe the court hierarchy for both criminal and civil law 3.2 Explain the process of appeals 3 M1 Explain the types of cases heard at each level in the court hierarchy and the powers of the different courts 3 D1 Explain the relationship between English law and European Union Law

4. Understand the operation of judicial precedent 4.1 Explain how the rules of ‘stare decisis’, ‘ratio decidendi’ and ‘obiter dicta’ are used 4.2 Differentiate Between ‘distinguishing’, ‘reversing’, ‘binding’ and ‘overruling’, giving examples of how they have been used in specific cases 4.3 Describe how courts Are bound by each other with reference to Young vs Bristol Aeroplane Co Ltd (1944) 2 All ER 293 4.4 Explain the impact of ‘resjudicata’ 4 M1 Explain the impact of the use of ‘distinguishing’, ‘reversing’, ‘binding’ and ‘overruling’ in specific cases

Key principles

 Statutes, case law, EU law  Criminal vs civil law: types of offence, courts used, sentences  Public and private law

Statutory interpretation

 Traditional techniques: literal rule, golden rule, mischief rule, purpose of approach  Intrinsic (internal) rules: long/short titles, punctuation, definition section, marginal notes; extrinsic (external) texts or dictionaries, sources

English courts

 Court hierarchy: county court, high court, Magistrates court, Crown court.  Appeals process: Court of Appeal, Supreme Court (House of Lords) European court; how appeals process differs for criminal and civil cases  The impact of EU law upon English law

Juridical precedent

 The doctrine of precedent, the rules, their impacts and cases of interest